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Critical assessment of English international private law governing the care of children and child abduction - Essay Example

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Children constitute the most important section of our society and providing them basic social and physical amenities is our fundamental duty. It is stated that "today's children are tomorrow's citizens". However they are the most neglected section as far as the positive response of society is concerned…
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Critical assessment of English international private law governing the care of children and child abduction
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Download file to see previous pages The situation of orphans, physically and mentally handicapped children is really alarming. They are also subjected to child labor, domestic violence and child trafficking. The improper care of children may result in dissatisfaction resulting in anger and militancy. Recent example of rising militancy and taking over the law and order in to the hands of students in colleges of India is believed to be originated from childhood problems (FN2). As they are not aware of their own rights, it is the responsibility of so called grown up adult population to protect their basic rights. The utmost care taken at the childhood will motivate the children to a greater extent. It is evident from the fact that motivation of students comes from encouragement in form of academic grades (FN3), the similar thing will happen if children are taken care in right perspective. Several organizations have been dedicating themselves for better care of children. To list a few, UNICEF(United Nations Children Emergency Fund), JCCC-SL (Jonathan's child care center Sierra Leone). African child association etc (FN4).
English International Private law has been instrumental in protecting the basic interests of children and providing solution to child abduction. This has entered in to force on 15th July 1955 with statute of Hague conference on private international law (FN5). The main purpose of the Hague conference was to facilitate the progressive unification of the rules of the rules of English international private law. Otherwise, there was a enough scope of confusion regarding interpretation of private laws of individual states. Heartening to note that the English international private law certainly established standard norms and commonly agreeable principles in solving the issues related to human rights and children protection.
Provisions under International Private law for child care and child abduction:
Two conventions of Hague extraordinarily contributed for the benefit of children. They are as follows:
1. Convention on the civil aspects of International child abduction
2. Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children.
The first one addresses the issues relating to secured return of children subjected to abduction. It was concluded on 25th October 1980 and entered in to force on 1st December 1983. Its contribution in protecting the interests of children in issues relating to their custody is enormous. Another important objective of this convention is to protect or safeguard the children at global level from the ill effects of their wrongful removal or retention and for setting the norms for ensuring their immediate return to the country of their habitual residence.
Assessment of Convention on the civil aspects of International child abduction :
This convention ensures that the rights of custody and of access under the law of contracting state (FN6) are effectively respected in the other contracting sates (article 1 of the convention). This also directs the respective member states to implement suitable measures to secure with their territories the ...Download file to see next pagesRead More
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